The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-09-25
IN THE FIRST DEGREE!
Cation, the Slayer of Cullen,
Found Guilty.
EVIDENCE OF THE DEFENCE.
An Attempt to Prove UnsOund Nina
Fails to Convince the jury
Sentence Thursday.

n
of Cation, the murderer OF Cullen'
opened this morning by placing w. ..
Lewis in the stand. He testified that
ne had resided at Star District several
wears, and had known the defendant
four or FIVE wears. He bad the re2nta-
1ion of being a peaceable, quiet citizen,
Int knew him to be sulky, morose ana
peculiar at times. Witness ana tne
miners used to call him ID 1901
that was not used ordinarily or as
generally applied, but they considered
him fool,
As CRAZY, Oh LUNATIC.
Tbav used TO think he had spells, or hts
for two OF three days time. He would
not resent abuse; defendant did good
work at the mine.
w. s. Carver, resident of Frisco
twelve wears, was a magistrate and
iiverv stable keeper. Had known de-
fendant eight or nine years; know the
reputation of the defendant as peace
able, law-abiding citizen. Defendant
used to take sulky spells about once IN
three weeks. lasting two or three days,
when he was not sociable and would go
off bv himself; heard OF his having
difficulty with men named Mcintosh
and Crandall, and getting a pistol and
going after the former.
w A. Burnison had resided near
Shauntie, South Star, four years; had
known defendant since 1887; worked
for me off and on several times; l al
wavs regarded him as q quiet, molten
sive fellow, and considered him
OFF HIS BASE.
He acted foolish at times without
cause. The spells occurred pretty often ;
have seen him under the influence of
LIQUOR: never saw him quarreisome q;
heard one time that he had difficulty
with Crandall, when the defendant had
a pistol.
George Hall was a resident of Frisco,
and for five years foreman of the Horn
Silver Mine; had known defendant
since 1876; never heard him talked
about much or his reputation ques-
toned as a peaceable citizen; had seen
him at Frisco frequently.
Burnison was recalled by the prose
cution.
Question (By Dickson Ibid you be
IieVe from anything seen OF Cation that
he did not know right from wrong; Tor
instance, that ne wouldn't know 1t was
wrong to kill man? Z"
Al cannot say that l have, be :
cause person has to be pretty bad on
IN mind not to be able
To DISTINGUISH RIGHT FROM WRONG.
Defendant has mistreated me in his
manner, Of staying away from work
DAYS at a time"
Lewis was recalled by the prosecution
and the same question put the witness
as above to Burnlson and answered
Outside of those spells, think defend
ant has capacity to know right from
wrong. The miners used to tease and
plague him.
Carver recalled by the prosecution
and the same question put to witness as
the other two. Didn't see anything in
attendants actions to cause him to be-
lieve shat.
Q.-(By Denny)-When he would
have these spells, you have spoken of,
how would he be then2
A.-Morose and sullen; but 1 never
knew him 10 do a wrong under those
spells.
Both parties-We rest.
At Il am, Zane, for the prosecution,
began the closing argument, and fairly
recited and reviewed the testimony ad-
duced during the Grial. dwelling some
length upon the admissions TO Hague,
I'll KILLED HIM,
and killed him good" 81 shot him
l. 80, 1ood ~ on5 or0uaJ EboE
after the first and fatal shot defendant
must have come more in front of Gull
len. as he sat in the buggy, and fred
the two shets which struck the deceased
in the front part of the body, the balls
lodging in the vertebrae. Closing his ar
gument at II M, the court took a re-
cess till pm.
At2p.m., Christian, for the defense
addressed the jury as to the evidence
and partial imbecility of the defendant.
There were different degrees of murder,
and the elements of malice and pre-
meditation were dwelt upon at some
length, and closing at 8 80 p.m., stated,
with emphasis, that the verdict could
only be murder in the second degree.
Denny followed, reviewing the testi-
mony tersely, and arguing that the
defendant
BEING OF UEsoUND MIND,
and in view of the testimony that he
was drunk, could not have COM
united the of1ense with generalization or
deliberation, and as Tibberty testified
the shots were all fred in less than five
seconds. He dweit at some length on
the quarrel between Cullen and defend
ant. It was conclusively apparent that
the killing must have been done in the
heat of passion
Du-ing Christian and Dtnny's argu-
ments
DICKSON PACED THE FLOR
of the courtroom in an unusually
thoughtful, attentive mood, and I'M
mediateIy on Denny closing, com
menced his argument to the jury at
o. M, closing at $40 p. m, delivering
one of the most lucid, logical, legal |
arguments his friends ever heard
him make in the Territory. He dwelt
mainly on the actual circumstances of